My child of 20+ years recently passed away. is his/her estate responsible for credit card debt and student loans. Phila, PA.

Asked over 1 year ago - Philadelphia, PA

There is a small amount of savings and there is a child.

Attorney answers (4)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is true that the estate is responsible for debts in the decedent's name only. Credit cards generally speaking survive the death of the card holder. Many student loan agreements forgive the debt in the case of death, but you have to review each carefully.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    2

    Lawyers agree

    Answered . I'm very sorry for your loss. Unfortunately, the child's estate is responsible for the debts. If, however, the child had a very limited estate, then the creditors will have to take pennies on the dollar. You may wish to consult with an attorney in the jurisdiction where your child resided at the time of the child's death for further information.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Brandy Ann Peeples

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . I'm sorry for your loss. Any claims by your child's creditors would have to be made against your child's estate.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  4. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleagues. I would simply add that there may be exemptions and allowances which would be available to the child or spouse of your child. These may take precedence over creditor claims. In my state, for example, you may be able to shelter $60k or more from any creditor claims. The same is true for administrative expenses of the estate, (such as funeral costs). You should consult with a probate lawyer to make sure that this is handled properly.

    I too am very sorry for your loss. It is the kind of pain that a parent should never need to endure.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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